SOVA RANI MISRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal arises out of a judgment passed by the Sub-Divisional Judicial Magistrate, Suri, Birbhum under Ss. 147/380/427 and 323 of the Indian Penal Code (IPC), 1860 in C. Case No. 318 of 1980. By the said judgment, the accused persons were acquitted under Sec. 248(1) of The Code of Criminal Procedure, 1973, and discharged from their bail bonds.

(2.) The appellant before this Court was the de facto complainant and deposed as the PW/1 before the learned Trial Court. The incident occurred on 20/5/1980 and the complaint was filed by the appellant under Ss. 147/379/323/504 of the IPC. The charges were framed under Ss. 147/380/427 of the IPC (punishment for rioting, theft in dwelling house, mischief causing damage).

(3.) The case made out by the prosecution was that the grandfather of the complainant/appellant had executed a deed of gift in favour of the appellant before his death in respect of a tin-shed house together with some landed property. On 20/5/1980, the respondents, armed with deadly weapons attacked the appellant, trespassed inside the tin shed house and tried to steal articles. The appellant was assaulted when she raised an alarm after which the respondents dislocated the tin-shed from the roof of the house. The appellant suffered a consequential loss of Rs.3000.00. C. Case No. 318/1980 on 24/5/1980 was registered against the respondents on the basis of the complaint made by the appellant. Upon trial, the respondents were acquitted of all the charges.